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A Collector from "West Peak Financial" called last night and spoke to hubby. (Caller id said PRIVATE not UNAVAILABLE). He was trying to collect on a Judgment that occurred 9/1997. Although we had actually paid the debt, the OC and lawyer refused to notify the court.

I filed an individual CH13 1/98 and this OC was included. The CH13 was discharged 1/00.

Instead of dealing with them, I filed a motion to vacate with the court based on Title 11 Ch5. The motion was granted for me. I filed a motion simultaneously for my hubby based on (1) he wasn't served and (2) he wasn't on the lease. That motion was denied.

I went to pull my EQ this morning to see if I bumped off my last INQ. OMG! This jerk pulled a hard on MY bureau!!! The BK made the judgment worthless and void for me. The vacate made it so that it didn't exist for me, but this jerk claimed that he has the right to pull MY bureau for 7 years!!!

BTW, hubby has no assets, no bank accounts and currently no job. In SC you cannot garnish wages. He is what is termed "judgment proof". Although many like to argue that since he didn't file BK the creditor can still go after him, that is not the case when the person is the spouse. They are protected because to take from the spouse is to collect against the debtor of a discharged debt. (The can go after a co-debtor who is not a spouse one the BK has been discharged.)

He cannot pull my bureau! I faxed him a nasty letter. This will be followed by the letter from my BK atty. I also turned this jerk into the CO AG Collections Board! The NERVE!

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